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CONTRACT 7131 - PERM Public Works Contract CLOSEDAgreement No. 7131 PUBLIC WORKS AGREEMENT y�. BETWEEN THE CITY OF EL SEGUNDO AND KNORR SYSTEMS INT'L, LLC AQUATICS CENTER HEATER REPLACEMENT PROJECT NO.: PW 25-04 This CONTRACT is entered into this 17th day of January, 2025, ("Effective Date") by and between the City of El Segundo, a municipal corporation and general law city ("City") and Knorr Systems Int'I, LLC, a limited liability company ("Contractor"). 1. WORK. A. The Contractor shall perform all work required by and set forth in the Contract Documents (the "Work") in a good and workmanlike manner for the project identified in the Contract Documents, as attached hereto and incorporated by reference. The Contractor agrees to perform additional work arising from changes ordered by the City in accordance with the Contract Documents. B. The Contractor shall furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents. C. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents. "Contract Documents" means this Contract and the following, as applicable: • Notice Inviting Bids; • Instructions to Bidders; • Supplementary Instructions to Bidders; • Bid Proposal and Bid Bond; • Standard Specifications; • Supplementary Conditions; • Exhibits; • Insurance Requirements; • Labor and Material Payment Bond; • Performance Bond • Technical Specifications; • List of Drawings; • Drawings; • Addenda; • Notice to Proceed; • Change Orders; Agreement No. 7131 • Notice of Completion. "Contract Documents" also includes all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings. 2. CONTRACT SUM. In consideration of the services rendered hereunder, the City shall pay the Contractor a sum not to exceed Six Hundred Thirteen Thousand Seven Hundred Twenty -Three Dollars and Nineteen Cents 613 723.1g ?pith a City - authorized contingency amount of Eighty -Six Thousand, Two Hundred Seventy -Six Dollars ($86,276.00), for the Work in the manner set forth in the Contract Documents, in accordance with the prices set forth therein. Contractor shall provide City with a monthly invoice for current completed work. The City shall make payments within thirty- five (35) days after receipt of the Contractor's undisputed and properly submitted invoice, including an updated schedule of work. The City shall return to the Contractor any invoice determined not to be a proper payment request as soon as practicable, but not later than seven (7) days after receipt and shall explain in writing the reasons why the payment request is not proper. Contractor shall have seven days from written notice of improper payment request to submit a revised request satisfactory to the City. Payment for a properly revised payment request shall then be paid by the City within a reasonable period thereafter. 3. SECURITIES AND BONDS. Within ten (10) working days of the Effective Date of this Contract, the Contractor shall furnish a labor and material payment bond in an amount equal to one hundred percent (100%) of the Contract Sum, and a faithful performance bond in the amount equal to one hundred percent (100%) of the Contract Sum. Said bonds shall be secured from a surety company admitted and authorized to do business in California as such and satisfactory to the City. Upon filing the Notice of Completion, the Contractor shall be required to maintain a labor and material payment bond for a period of seven (7) months. Additionally, the faithful performance bond amount shall be reduced to an amount equal to fifteen percent (15%) of the Contract Sum and shall remain in effect until the end of all warranty periods set forth in the Contract Documents, or, if no warranty period is specified, for a period of twelve (12) months after filing of the Notice of Completion. (Note: Securities are not required if Contract Sum is less than $25,000.) 4. INSURANCE. The Contractor must secure and maintain throughout the term of the Contract the types of insurance coverage and corresponding policy limits detailed in the attached "Exhibit A — Insurance Requirements," incorporated herein into this Contract by reference. S. TIME FOR PERFORMANCE. A. The Contractor will fully complete the Work within Six 60) working days ("Project Completion Date"). The Contract Time will commence when the City issues a Notice to Proceed. The Contract Documents will supersede any Page 2 Agreement No. 7131 conflicting provisions included on the Notice to Proceed issued pursuant to this Contract. B, The Contractor may not perform any Work until; The Contractor furnishes proof of insurance as required by the Contract Documents; and The City gives the Contractor a written, signed, and numbered purchase order and Notice to Proceed. C, By signing this Contract, the Contractor represents to the City that the Project Completion Date is reasonable for completion of the Work and that the Contractor will complete the Work by that date. D. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor's own cost and risk. 6. DELAYS AND EXTENSIONS OF TIME. A. General. Unless otherwise agreed in writing, an adjustment to the Project Completion Date by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by Contractor. B. Extensions of Time. In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agrees to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Project Completion Date, the Contractor shall promptly proceed with the Work. C. Payment for Delays. Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Sum or extend the time for delays. Unless compensation and/or markup is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated for by an extension of time to complete the performance of the Work. 7. TERM AND TERMINATION. The Contract is effective as of the Effective Date stated in the first paragraph of this Contract and shall remain in full force and effect until the Page 3 Agreement No. 7131 Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term of the Contract, as stated in those provisions. City may terminate this Contract at any time, at will, for any reason or no reason, after giving written notice to Contractor at least ten (10) calendar days before the termination is to be effective. If City defaults under this Agreement, and if City has not cured the default within thirty (30) calendar days after Contractor has given City notice of the event of default. Contractor may terminate this Contract for cause after giving written notice to City at least thirty (30) calendar days before the termination is to be effective. Contractor shall cease all work under this Contract on or before the effective date of termination specified in the notice of termination. Contractor shall be paid for services satisfactorily rendered to the last working day this Contract is in effect and Contractor shall deliver all materials, reports, documents, notes or other written materials compiled through the last working day this Contract is in effect. In no event shall Contractor be entitled to receive more than the maximum compensation set forth in this Contract that would be paid to the Contractor for the full performance of the services required by this Contract. Neither party shall have any other claim against the other party by reason of such termination. In the event the City terminates the Contract, Contractor shall be reimbursed for all unavoidable and unmitigable costs resulting from such termination, in addition to the compensation for all work completed up until the effective date of the termination of the Contract. 8. PERMITS AND LICENSES. Before starting any construction work, the Contractor will be required to obtain all necessary permits, licenses or certificates from the City and shall maintain such permits, licenses and certificates required to complete the Work until the Project Completion Date. Contractor shall bear all costs for fees for all agencies except for the City's permit fees. 9. COOPERATION AND COLLATERAL WORK. The Contractor shall be responsible for coordinating all Work with the City's Street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility company crews, and others when necessary. Payment for conforming to these requirements shall be included in other items of Work, and no additional payment shall be made thereof. 10. EXTRA WORK. New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the City Manager. 11.ASSIGNMENT. Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand, or action arising from or relating to any unauthorized assignment. If the city opts to consent to assignment, the City's consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds Page 4 Agreement No. 7131 to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor from liability under the Contract. 12.INSPECTION. The Contractor shall arrange and pay for all off -site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required. 13. WORKSITE MAINTENANCE. A. General. Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material but shall maintain the same in a neat and orderly condition throughout the construction operation. Materials which need to be disposed shall not be stored at the Work site but shall be removed by the end of each working day. If the job site is not cleaned to the satisfaction of the City Manager, the cleaning will be done or contracted by the City and shall be back -charged to the Contractor and deducted from the Contract Sum. The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, concrete forms, construction equipment, and temporary structures and facilities used during construction. Final acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complies with the foregoing requirements for final clean-up of the Work site. B. Storage of Equipment and Materials. The Contractor shall make arrangements for storing its equipment and materials. The Contractor shall make its own arrangements for any necessary off -site storage or shop areas necessary for the proper execution of the Work. Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise approved by the City Manager. C. All costs associated with the clean-up and storage required to complete the Work shall be the sole responsibility of the Contractor. 14.WARRANTY. For purposes of the calculation of the start of the warranty period, the Work shall be deemed completed upon the date of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punch list, the Page 5 Agreement No. 7131 Work shall be deemed to be completed upon the date of the City Manager's acceptance of the final item(s) on the punch list. The Contractor shall repair or replace defective materials and workmanship at its own expense. Additionally, the Contractor agrees to defend, indemnify, and hold harmless the City from claims or any kind arising from damage, injury, or death due to such defects. The parties agree that no certificates given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor's obligations under the warranty herein. 15.CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the final acceptance of the Work by the City, the Contractor shall have the charge and care -thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, agents or employees. In the case of suspension of Work from any cause whatsoever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary. The Contractor is prohibited from performing work with a subcontractor who is debarred pursuant to Labor Code §§ 1777.1 or 1777.7. 16. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13. 17.THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third -party claims against the Contractor, but in no event later than 10 business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the "Notice" section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim. 18.TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number. 19.OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City's property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City's written notice. 20.INDEMNIFICATION. To the maximum extent permitted by law, the Contractor hereby agrees at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, volunteers, attorneys, agents (including those City agents serving as independent contractors in the role of City representative), successors, and assignees (collectively "Indemnitees") from and Page 6 Agreement No. 7131 against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, charges, obligations, damages, causes of action, proceedings, suits, losses, stop payment notices, judgments, fines, liens, penalties, liabilities, costs and expenses of every kind and nature whatsoever, in any manner arising out of, incident to, related to, in connection with or resulting from any act, failure to act, error or omission of the Contractor or any of its officers, agents, attorneys, employees, subcontractors, material supplies or any of their officers, agents or employees and/or arising out of, incident to, related to, in connection with or resulting from any term, provision, image, plan, covenant, or condition in the Contract Documents, including, without limitation, the payment of all consequential damages, attorneys' fees, experts' fees, and other related costs and expenses (individually a "Claim", or collectively, "Claims"). The Contractor shall promptly pay and satisfy any judgment, award or decree that may be rendered against any of the Indemnitees as to any such Claim. The Contractor shall reimburse Indemnitees for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. The Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Contractor or Indemnitees. This indemnity shall apply to all claims regardless of whether any insurance policies are applicable or whether the Claim was caused in part or contributed to by an Indemnitee. Nonwaiver of Ri hts. Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City or the deposit with the city of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. Waiver of Right of Subrogation. The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees. Survival. The provisions of this Section 20 shall survive the term and termination of the Contract, are intended to be as broad and inclusive as is permitted by the law of the State, and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee's right to recover under this indemnity provision, and an entry of judgment against the Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 21. NONDISCRIMINATORY EMPLOYMENT. The Contractor shall not unlawfully discriminate against any individual based on race, religion, creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender identity, gender expression, age, sexual orientation, or military and veteran status. The Contractor understands and agrees that it is bound by Page 7 Agreement No. 7131 and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations. 22. PREVAILING WAGES. In accordance with Labor Code § 1770 et seq., the Project is a "public work" to which prevailing wages apply. The Contractor and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations ("DIR") regarding the prevailing wage rate of per diem wages. The Contractor shall post a copy of the DIR's determination of the prevailing rate of per diem wages at each job site. The project is subject to compliance monitoring and enforcement by the DIR. 23.INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which it is performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only. 24. CONFLICTS OF INTEREST. Contractor and its employees, associates and subcontractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor's Work under this Contract, including, but not limited to the Political Reform Act (Gov. Code § 81000 et seq.) and Government Code § 1090. 25.AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three years after termination or final payment under the Contract Documents. 26. NON -WAIVER OF TERMS, RIGHTS AND REMEDIES. Waiver by either party of any one or more of the conditions of performance under the Contract Documents shall not be a waiver of any other condition of performance under the Contract Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default. 27. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: To Contractor: To City: Page 8 Agreement No. 7131 Attn: Thom Prevost Knorr Systems Int'I, LLC Address: 2221 South Standard Avenue Santa Ana, CA 92707 Phone: (714) 727-5308 Email: thomp@knorrsystems.com Attn: Cheryl Ebert City of El Segundo, PW Dept. Address: 350 Main Street El Segundo, CA 90245 Phone: (310) 524-23 Email: cebert@elsegundo.org Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 28. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor's or the City's obligations under this Contract. 29. INTERPRETATION. This Contract was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County. 30. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as determined in the Standard Specifications. 31.SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect. 32.AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City's city manager, or designee, may execute any such amendment on the City's behalf. 33. ENTIRE AGREEMENT. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, not any provisions or breach waived, except in a writing signed by both parties that expressly refers to this Contract. Page 9 Agreement No. 7131 34. ELECTRONIC SIGNATURES; SIGNATURE AUTHORITY. This Contract may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature. Contractor warrants that its signatory (or signatories, as applicable) to this Agreement has the legal authority to enter this Agreement and bind Contractor accordingly. 35.COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. 36.CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract. 37.TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents. [Signatures on following page.] Page 10 Agreement No. 7131 Page 11 Agreement No. 7131 IN WITNESS WHEREOF the parties hereto have executed this Contract the day and year first hereinabove written. CITY OF EL SEGUNDO 94M*-4 Darrell George, City Manager ATTEST:. Susan Truax, City Clerk APPROVED AS TO FORM: MARK D. HENSLEY, City Attorney By. Joaquin azguez, Assistant City Attorney CONTRACTOR Name: Cindy Fast Title: Director of Operations Taxpayer ID No.. 95-3253963 Contractor State License No. 562312 Contractor City Business License No. 24067 Agreement No. 7131 EXHIBIT A - INSURANCE REQUIREMENTS Contractor must procure and maintain for the duration of the contract the following insurance coverages and limits against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the work covered by this agreement by the Contractor, its agents, representatives, employees or subcontractors: COVERAGES/ TYPE OF INSURANCE, LIMITS* 1. Commercial General Liability: a) Each Occurrence $1,000�,000.00 b) Aggregate $2,000,000.00 2. Automobile Liability: a) Combined Single Limit (Each Accident) $1,000,000 3. Workers Compensation: Statutory *The city has the option to increase the limits as required for more complex and major waterworks, sanitation, and road pavement projects. Contractor will provide endorsements or other proof of coverage for contractual liability. Combined single limit per occurrence will include coverage for bodily injury, personal injury, and property damage for each accident. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the policy will be endorsed such that the general aggregate limit will apply separately to this contract and a copy of the endorsement provided to the City. Liability policies will contain, or be endorsed to contain the following provisions: General Liability and Automobile Liability The City, its officers, officials, employees, agents, and volunteers will be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage will contain no special limitations on the scope or protection afforded to the City, its officers, officials, employees, agents, or volunteers. The Contractor's insurance coverage will be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents, and volunteers will be excess of the Contractor's insurance and will not contribute with it. The insurer will agree in writing to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. Page 1 of 3 Agreement No. 7131 Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officers, officials, employees, agents and volunteers. The Contractor's insurance will apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Worker's Compensation The insurer will agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Contractor for the City. All Coverages Each insurance policy required by this subsection will be endorsed to state that coverage will not be suspended, voided, cancelled by either parry, reduced in coverage or in limits except after thirty (30) calendar days written notice by certified mail, return receipt requested, has been given to: CITY CLERK City of El Segundo 350 Main Street El Segundo, CA 90245 Notwithstanding the foregoing, the endorsement may state that insurance may be cancelled upon ten (10) calendar day notification for non-payment of premium. The Contractor will provide the City with updated proof of insurance should the Contract Time extend beyond the policy expiration date. All liability insurance will be on an occurrence basis. Insurance on a claims -made basis will be rejected. Any deductibles or self -insured retentions will be declared to and approved by City. The insurer will provide an endorsement to City eliminating such deductibles or self -insured retentions as respects the City, its officials, employees, agents, and volunteers. Except for Workers Compensation Insurance, Contractor will furnish to City certificates of insurance and endorsements on forms acceptable to the City's City Attorney, duly authenticated, giving evidence of the insurance coverages required in this contract and other evidence of coverage or copies of policies as may be reasonably required by City from time to time. Endorsements must be supplied on ISO Form No. CG 20 10 11 85, or equivalent. Certificate/endorsement for Workers Compensation Insurance will be furnished on State Comp Fund or other industry standard form. Except for worker's compensation insurance, all insurance required herein will be placed with insurers with a Best's Rating of not less than A:VII. Worker's compensation insurance policies will meet the requirements of California law. All subcontractors employed on the work referred to in this contract will meet the insurance requirements set forth for Contractor. Contractor will furnish certificates of insurance and endorsements for each subcontractor at least five days before the subcontractor entering the job site, or Contractor will furnish City an endorsement including all subcontractors as insureds under its policies. Contractor will save, keep and hold harmless the City, its officers, officials, employees, agents and volunteers from all damages, costs or expenses in law or equity that may at any time arise or be claimed Page 2 of 3 Agreement No. 7131 because of damages to property, or personal injury received by reason of or in the course of performing work, which may be caused by any willful or negligent act or omission by the Contractor or any of the Contractor's employees, or any subcontractor. The City will not be liable for any accident, loss or damage to the work before its completion and acceptance. The cost of such insurance will be included in the various items of work in the Contractor's bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed. In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged. Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b). Page 3 of 3 EXHIBIT B S 'TIC Agreement 1 Segundo n Aquaflnity Wisebum Aquatic Center- Competition & Training Pool - Custom KSIcompany Heating System Order# 257156 Date 10/07/24 Consultant Thom Prevost WQA Becky Fears Billing Terms Net 30 Ship To Proposed To City Of El Segundo Carlos Aguilar 150 Illinois St. El Segundo, CA 90245 Order Items El Segundo Aquatics Center (VViseburn) Jorge Prado 2240 E Grand Ave El Segundo, CA 90245-2836 Phone: Fax: Courier Service BEST WAY Line Item Code Description Quantity Unit Price Item Total HS-039-OOOOOC Custom Lochinvar AQUAS pool heating system 1 329,687.90 329,687.90 consisting of two (3) Crest 2 million Btu OFN2000 boilers, one (1) 4.0 million Btu and one (1) 1.0 million Btu titanium plate and frame heat exchanger, condensate kits, two (2) boiler pumps, expansion tank, isolation valve before and after each boiler and the heat exchanger, Schedule 40 stainless steel piping. System shall be mounted on steel channel frame. HK-009-00010 AQUAS Accessory Kit: includes two 9" variangle 1 thermometers, two 3/4" NPT brass thermowell, one bronze flow indicator & one brass nipple. includes two 9" variangle thermometers, two 3/4" NPT brass thermowell, one bronze flow indicator & one brass nipple. SU SC PW Equipment Commissioning and Operator Training 1 4008 Rental Equipment 1 1,883.33 1,883.33 OIM Installation Materials 1 53,044.22 53,044.22 Knorr Systems, Int'I. * Since 1977 * (800) 676-7946 * www.agul afinitycom Aquafinity * Santa Ana CA * Livermore CA Page 1 of 3 Kan Aquarflnity com +Nli�l�)IINY ._ny 1 Proposed To City Of El Segundo Carlos Aguilar 150 Illinois St. El Segundo, CA 90245 Agreement STWkTE City Of El Segundo Wiseburn Aquatic Center - Competition & Training Pool - Custom Heating System Order # 257156 Date 10/07/24 Consultant Thom Prevost WQA Becky Fears Billing Terms Net 30 Ship To El Segundo Aquatics Center (Wiseburn) Jorge Prado 2240 E Grand Ave El Segundo, CA 90245-2836 Phone: Fax: Courier Service BEST WAY OI Installation labor to include remove and discard the 1 187,144.32 187,144.32 following: pool heaters, side wall vents, branch water piping for large pool, effluent piping from the left side of the service pad to the right side of the service pad for the small pool, branch gas piping, gas regulator located on the roof, closed loop water piping and electrical. Install custom skid mounted pool heating system to include place skid system on existing service pad, install sidewall Centrotherm vent for each heater, fabricate and install stainless steel vent covers, core wall and install fresh air for each heater, install Sensus 243-12-2 gas regulator for heaters, use (2) existing holes in the roof to run gas vents, add (1) new hole to vent the third heater, relocate the existing Unistrut from the bottom of the pipe to the top of the pipe for the entire length of the service pad to create vertical space to install skid system; install new effluent piping for the small pool the entire length of the service pad; reconnect existing water makeup to skid system, reconnect large pool branch piping to place exchanger, reconnect small pool branch piping to plate exchanger; reconnect existing electrical; reconfigure interlocks; terminate relief valves at existing floor sink; terminate condensate at existing floor sink. Start units up and verify proper operation. �M log �'P Knorr Systems, Int'I. * Since 1977 * ($lip) 676-7946' www.aouafinn�ty.com p " Aquafinity *Santa Ana CA * IJlvermore CA „ Page 2 of 3 KSIcompany Proposed To City Of El Segundo Carlos Aguilar 150 Illinois St. El Segundo, CA 90245 Agreement 3flM M City Of El Segundo Wiseburn Aquatic Center - Competition & Training Pool - Custom Heating System Order# 257156 Date 10/07/24 Consultant Thom Prevost WQA Becky Fears Billing Terms Net 30 Ship To El Segundo Aquatics Center (Wiseburn) Jorge Prado 2240 E Grand Ave El Segundo, CA 90245-2836 Phone: Fax: Courier Service BEST WAY Additional Information NOTES: Currently there is one gas regulator located on the roof. This regulator services all three heaters amounting to 3M BTU gas load. The new system will have three gas regulators amounting to 2M BTU gas load for each heater, totaling 6M BTU for the entire system. If the medium pressure gas line does not have enough pressure, the gas company will need to increase the medium pressure supply to the mechanical room. Exclusions: Roofing penetration's, roofing repairs, health department permits, city fees and engineering. Please click link below to digitally accept this prospoal Proposal Acceptance Signature Date We are pleased to submit the above package for your consideration. Terms & C7ondftnc 9. Pa' oral towns are aubjucl� to file ciedlt agreement you have on ale with �KSL 2. A r'ppolk ma to required to ploross our order 3„ orders over �,0(M paid by cued➢M 4 tar w 4l incuura'3% pm s&lrny tne. 4, 't£'4'V. APR. is charged on all past due invoices „ Pn In Is WrYtikd rar t7 dauys from date of Urfa Esttnaato after which hs subject' to change, 6, ff applicable returns must be pee -approved, shipped preppsud and accompanywritten RMA 7. fatinrnraama 20% restocking fee applies gar all returns, "% Ws teased art actual rmanufacfurar vestock fee. 8, rraigtit cost is an estimate only and actual frolght nnay lays different at time �of shippnn,7. 9, Ofder Is subject to applbcable sales tax to Mlip POW Subtotal 571,759.77 Adjustment 0.00 CC Surcharge 0.00 Total 571,759.77 Shipping 5,841.37 Tax 36,122.05 Grand Total 613 723.19 Payments 0.00 Payment Due 0.00 Zs.";" a �S D ,) Knorr Systems, Infl. * Since 1977 *' (800) 676-7946 * w , uafinit .coo "1���u;t Aquafinity * Santa CA * Livermore CA Page 3 of 3 Agreement No. 7131 FAITHFUL PERFORMANCE BOND AQUATICS CENTER HEATER REPLACEMENT PROJECT NO.: PW 25-04 Bond No. 016246073 Bond Fee: Knorr Systems Int.'I LLC ("PRINCIPAL") and The Ohio Casualty Insurance Company a corporation incorporated under the laws of the State of Massachusetts and licensed by the State of California to execute bonds and undertakings as _._._.. sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Six Hundred Thirteen Thousand, Seven Hundred Twenty -Three Dollars and Nineteen Cents ($613,723.19) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATIONS NO. PW 25-04, and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 25-04, a copy of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 25-04) which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. CITY has estimated the required amount of the bond as shown above. 2. PRINCIPAL's work on the Public Project will be done in accordance with CITY's plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor. 3. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project's completion and acceptance by CITY. I-E-1 Agreement No. 7131 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 25-04 or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; B. A certificate issued by the county clerk for the county in which SURETY' s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] Agreement No. 7131 SIGNED AND SEALED this 12th day of February 2024 PRINCIPAL's PRESIDENT XAMAls'Vpe'sI ENT m ttorney-in-Fact PRINCIPAL's SECRETARY '9URET's SECRETARY PRINCIPAL's MAILING ADDRESS: Knorr Systems Int.'I LLC 2221 S. Standa-rdvenue Santa Ana, CA 92707 SURETY's MAILING ADDRESS: The Ohio Casualty Insurance Company -175 Berkley Street Boston, MA 02116 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job. I-E-3 Agreement No. 7131 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of N ) j O S before me, slecA Here Insert Name ar 7 tle of ate he Officer personally appeared. '' r ,W Name(s) of S(gner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. BREANNA MARIE CLUGSTON 21 Notary Public - California 3 Orange County Commission 0, 2449677 My Comm. Expires Jul 2, 2426 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signaturei�'✓ Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date:,,. .......... Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 020119 National Notary Association Number of Pages: Signer's Name:.,,,, ❑ Corporate Officer — Title(s): w ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: __WW Agreement No. 7131 CERTIFICATE OF ACKNOWLEDGMENT CM"'4 LEDGMENT The State of Arkansas County of Lonoke Before meDe orehl ii ohner a notary public (insert the name and character of the officer), on this day personally appeared Ami Ashmore , proved to me on the oath of N/A or through drivers license . (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) DEBORAH WOHNER LONOKE COUNTY NOTARY PUBLIC -- ARKANSAS My Commission Expires March 6, 2034 Commission No. 00000968 Given under my hand and seal of office this ttl d)firaau o ary . g 11 nature _ Notary Public, State of Arkansas Page 1 of 1 Agreement No. 7131 LABOR AND MATERIALS BOND AQUATICS CENTER HEATER REPLACEMENT PROJECT NO.: PW 25-04 Bond No. 016246073 Bond Fee: Knorr Systems Intl LLC as ppincipal ("PRINCIPAL") and The Ohio Casualty Insurance Company a corporation incorporated under the laws of the State of Massachusetts and licensed by the State of California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of Six Hundred Thirteen Thousand, Seven Hundred Twenty -Three Dollars and Nineteen Cents ($613,723.19) lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument. This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL, and all PRINCIPAL'S subcontractors for all materials, provisions, provender; or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in AQUATICS CENTER HEATER REPLACEMENT, SPECIFICATIONS NO. PW 25-04 ("Public Project"), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default. BOND CONDITIONS 1. PRINCIPAL will construct the public improvements identified in SPECIFICATIONS NO. PW 25-04, and the public works contract executed for such Specifications, copies of which is on file with CITY's Engineering Division ("Public Project"). Such performance will be in accordance with CITY's plans and profiles (CITY DRAWING FILE NO. PW 25-04), which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY's Engineering Division. 2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment. 3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, I-F-1 Agreement No. 7131 on, for or about the performance of the Public Project, and will pay for all work and labor thereon. 4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the El Segundo Municipal Code ("ESMC"). 5. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. PW 25-04, or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed. 6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference: A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and B. A certificate issued by the county clerk for the county in which SURETY's representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY's certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted. 7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL's obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] I-F-2 Agreement No. 7131 SIGNED AND SEALED this 12th day of IPAL's PRESIDENT PRINCIPAL's SECRETARY PRINCIPAL's MAILING ADDRESS: Knorr S stems Intl LLC 2221 S. Standard Avenue .S - C.A....MQ7 ,20 25 Ashmore - Attorn n-i^"eet Witness: SURETY's MAILING ADDRESS: The Ohio Casualty Insurance Company 175 Berkley Street . ....... .._ Boston. MA 02116 NOTE: (1) ALL signatures must be acknowledged by a notary public. Return one (1) original to City Clerk's Office. (2) Bond shall be effective for one (1) year after acceptance of the job I-F-3 Agreement No. 7131 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ----- Anotary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of � "ay' .......................... On VI "._ before me,�1 Here Insert Nameo Y� e C. of the Officer personally appeared Nome(s) of who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. jP,,1,11EA11,11,,1 it �N.t�u5'i"oNtaPtltl,",C•Gaitifcarnia Oan Cwuntyrrifs'Si"M2 677"7lC4,acpirrs .Atlia 2.@26 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature F� �-` Signature of Notary Public Vtl• 1 RJIMPAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2019 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: . Signer is Representing: Agreement No. 7131 CERTIFICATE OF ACI N° 1<. ED G14'I: NT The State of Arkansas County of Lonoke Before me, Deborah Wohner a notary public— (insert the name and character of the officer), on this day personally appeared Ami Ashmore , proved to me on the oath of N/A or through drivers license (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. (Seal) DEBORAH WOHNER LONOKE COUNTY NOTARY PUBLIC -- ARKANSAS My Commission Expires March 8, 2034 Commission No. 00000968 Given under my hand and seal of office thiUh ofto""a 2, 2-1_nattare Notary Public, State of Arkansas Page 1 of 1 Agreement No. 7131 No. 5133-4 STATE OF CALIFORNLA DEPARTMENT OF INSURANCE SAN FRANCISCO Amended Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, The Ohio Casualty Insurance Company of New Hampshire, organized under the laws of New Hampshire, subject to its Articles of Incorporation or other fundamental organizational documents, is hereby authorized to transactwithin this State, subjectto all provisions of this Certificate, the following classes of insurance: Fire, Marine, Surety, Plate Glass, Liability, Workers' Compensation, Common Carrier Liability, Boiler and Machinery, Burglary, Credit, Sprinkler, Automobile and Miscellaneous as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in full compliance with all, and not in violation of arty, of the applicable laws and lawful requirements made under authority of the laws ofthe State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended IN WITNESS WHEREOF, effective as of the 19`h day of March, 2013, I have hereunto set my hand and caused my official seal to be affixed this 10h day of March, 2013. Dave Jones lnmrance Commissioner VC�- 44T� By Al Valerie J. Sarfaty for Nettie Hoge Chief Deputy NOTICE: Qualification with the Secretary of State must be accomplished as required by the Caiifort is Corporations Code promptly after issuance ofthis Certificate ofAuthority. Failureto do so will be a violation oflnsurance Code section 701 andwill be grounds for revoking this Certificate of Authority pursuant to the covenants made in the application therefor and the conditions contained herein. This Power of Attorney limits the acts of those named herein, and they have no autho4areem e nt No. 7131 bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company SURETY POWER OF ATTORNEY Certificate No: 8211437-969473 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Ami Ashmore, Samantha Davis, Sherese Escovedo,, Jay Hunter Fry, Cathy Kelley, C nthia Kimbrou h, .Ste. haanic Lively, Felecia Prince, Warren Miles Stephens, axle the city ofLittle andle veu for and on fR behalf as state surety and aIts act at d da of Rock Alt s each individually if there be more than one named, its true and lawful attorney -in -fact to make, ad, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of February , 2024 . Liberty Mutual Insurance Company 4NSr yx r?NJ 1NSU The Ohio Casualty Insurance Company ee�a n, Pad 0 West American Insurance Company 1912 0 1919 0 1991 0' a By a David M Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY On this 29th dayof February 2024 before me personally appeared David M. Care who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance to vim. P Y PP Y+ 9 Fu Company, The Ohio Casualty Company, and West American Insurance Company„ and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes - therein contained by signing on behalf of the corporations by himself as a duly authorized officer,of o IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. Cwnlmit Teresa JNotary Seel PasleN , No" +✓ C /" Montgomery County E My commission expires March 28, 2025 By; "1 Commission number 1126044 ����r 4.J1 � i^� a4emro PensnawAuu�mla As�ao�mN�wrr of Notaries aras'"� Paste V %% This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President„ and subject to such limitabon as the Chairman or the President may prescribe„ shall appoint such attomeys•ln•fact„ as may be necessM to act in behaV of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all underl0ngs, bonds, recNnizances and other surety obligations. Such attorneys -in -fact, subject, to the limitations set forth in their respective powers of attorney„ shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so exec:ed„ such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE Xlil — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys4n-fact, as may be necessary to act in behalf of the Company to make execute, seal, acknowledge and deliver as surety any and at] undertakings, bonds, recognizances and other surety obligations, Such attorneys•tn-fact subject to the limitations set fadh in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney exoctded by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l2th day of Febnaary --, 2025 r 1991 or 1919 ,* � � � t � B �araar � 1912 "�.t 1 � .4� �� �w+�w� � >�enee C. l~9ewaltyn, Assistant Secretary a� O N CV Cl) CO O To U LMS-12873 LMIC OCIC WAIC Multi Cc 02/21